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Canadian.biz -- Round Two !
posted by michael
on Tuesday July 09, @03:11AM
MF_Inc writes "Douglas Black, the original registrant of the generic domain name "Canadian.biz" will be in a Canadian court Tuesday (July 9th, 2002), appealing the NAF STOP arbitration decision to transfer the domain name to Molson, the Canadian beer producer."
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Strangely enough, a problem which troubles Mr. Douglas Black's case is his domain registration "Registrant Name" data-field contains what appear to be URL character-encodings using the "%" syntax. Unfortunately, the Panelist (Robert R. Merhige, Jr.) in the NAF STOP ruling was not versed in such character-encodings. This, in my opinion, shows technical ignorance on the behalf of the Panelist, and is not necessarily the "fault" of Mr. Douglas Black.
The outcome of this court decision is very substantial. It involves what is, very obviously, a generic domain name. The outcome will further establish legal precedent regarding who has the "right" to use generic words in the DNS -- common folks in the internet community, often being the original domain name registrants -- OR -- the holder of what are arguably very, very weak marks.
The word "Canadian" is, unquestionably, generic. "Canadian" is a word whose usage is far, far more broad than the context of beer. A Google.com search for "canadian -beer" yields almost 4 million results!
In my opinion, Molson's previous NAF STOP activities are brutally arrogant and perhaps, an instance of Reverse Domain Name Hijacking. Molson, of course, stands by their DNS "rights" ownership claims based on their mark which, quite frankly, I feel is a very, very weak mark.
This is not the first time a generic ".biz" name has been challenged by a very weak mark. The following are all domain names which, in recent history, were transfered to Complainants under the STOP process:
about.biz
acts.biz
airport.biz
brands.biz
guess.biz
heel.biz
huge.biz
monopoly.biz
paint.biz
parents.biz
peachtree.biz
premiere.biz
spy.biz
switchboard.biz
taxman.biz
timely.biz
The above-listed flurry of transfers involving generic domain names is deeply troubling to myself and, likely, the internet community at-large. As troubling, if not even more deeply troubling, is the "arbitration industry" whose growth seems to depend on the internet community at-large being bullied by the holders of weak marks.
One can only wonder how the registrant of Canadian.biz will do in court.
--Michael
ONLINE RESOURCES RELATED TO THIS CASE:
Canadian.biz case information:
http://canadian2.com/canadian
The "Canadian.biz" NAF STOP decision
News concerning upcoming Canadian.biz court hearing:
http://ca.news.yahoo.com/020707/6/nhyd.html
OTHER GENERIC DOMAIN NAME RESOURCES:
Tobacco.com UDRP Response
(EXCELLENT resource involving a SUCCESSFUL Respondent defense of a generic domain name)
Tobacco.com UDRP Case
http://Tobacco.com/attempted-hijacking
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Canadian.biz -- Round Two !
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Reverse Domain Name Hijacking is another word for theft
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Kinda got that back to front mate. I am the victim here, arseho*e
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I watched Douglas Black interviewed this evening on the Global television network (Canada's largest media conglomerate, owned by a friend of the Prime Minister). Black professed to be baffled to find that a beer company owns the word Canadian. I must say that beer and Canadian go together like Swiss and cheese, except that Canadians are also known for cheese. Wait a minute, I'm getting confused. Where was I going with this? Oh yeah, so I went to Global's website to point you folks to a story, a transcript, or some streaming video if we're lucky (Global Vancouver, which used to be called BCTV, but now some other station is called that, ohhh I'm getting confused again, was the world's first TV station to livestream its newscasts online). So anyway, global isn't at global.ca or at global.com, it's at Canada.com (not canada.ca, that's reserved by CIRA, the .ca administrator), so if you want to learn about Global you go to Canada. I feel more confusion coming on. OTOH if you want to learn about Canada I wouldn't recommend going to Global because they're a mouthpiece for the scandal plagued federal government, but you could try canada.info (registered to the Communications Department of the Goverment of Canada) except it doesn't communicate. Hmmm, how about canada.biz? Ya, that sorta works. It is presently owned by Stephen Rumney of England, who is more well known for grabbing many of the 'best' .info names in Sunrise using false trademark data. He later kept some of these through the Afilias WIPO challenge process, and lost others, sometimes to others who had trademarks, sometimes to others who also had no trademarks. And he even seems to have lost games.info and got it back. Ohhh, I'm confused again. Molson Brewery has a long-running ad campaign based on patriotism which features the slogan I am Canadian, so they also have an iam.ca site, powered by Canada.com. Molson is also, absurdly, the registrant for iam.info, which loses something in the translation. And Molson apparently isn't the registrant of either canadian.ca or canadien.ca, the latter being the French spelling (Canada is officially bilingual English/French). Canadien.* is also registered in .com .net .org .info .biz, only the latter of which is registered to someone in Canada, and neither it nor any of the others are registered to Molson. BTW, canada.us and canadian.us are both registered to the same individual in Florida. OTOH some apparent Canadian seems to have an interest in Florida. The osceolasheriff.org site at time of writing now just points to domainquest's front page without porn. The sheriff can now be found at osceolasheriff.com, which is only somewhat confusing. I suspect this story may be a harbinger of more to come from the dropjacker crowd. Back to Canada, which is to say Global, I wasn't able to find any streaming video, though they do cover the story here. The television version said the ruling will take some weeks to come down. Molson came across as an over-reaching corporate bully so they've probably already lost much more than they can gain, no matter the ruling. I don't know of any other court cases regarding UDRP decisions outside the US. It will be interesting to see if Canadian law can cut through the confusion. -g
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The sweetsuccess.com case I found on Michael Geist's site. It wasn't a straight attempt at an overturn of a UDRP decision, in fact it wasn't very straight at all, following a very curved path, including the Ontario, Canada court declining jurisdiction. While the registrar TuCows is based in Canada, neither the complainant nor respondent were. I found the Marutionline.com case at UDRPLaw.net's excellent list of court cases regarding the UDRP, but could not find there or elsewhere any newer information than that the Delhi court had issued a stay of four months well over a year ago. The respondent is still listed as the registrant in the WHOIS, and the name doesn't resolve. Thx. for the references. Will keep you posted. -g
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If anything Molson is the one that is cybersquatting. They have had Canadian.info for almost a year now.
It does not even resolve.
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I get the Canadian federal government site at gc.ca. That is using google.ca so your mileage may vary. Google snifs out my incoming IP address and knows it is from Canada so it feeds me google.ca. I can try google.com specifically but it doesn't matter, I get google.ca. I can get around this by masking my IP or in other ways, but that's a lot of bother. A number of sites do this, Yahoo for example, and in that case if I try to sign up for an email address it wants to give me @yahoo.ca even if I want @yahoo.com. This practice is taking some power away from the end user to choose what they access online based on national boundaries, and isn't a trend I particularily care for. In the above examples it is just search engines trying to be helpful and relevant and even that causes problems. How do I know if I give a link that others will receive the content I intended? But as was suggested in the yahoo.fr case, it could be used to control content flow across national boundaries. This does have one perhaps unintended side-effect. I used to type google.com to get to google.ca, but it's easier to type google.ca so that's what I now use. This means that Google and other highly used sites are probably educating Canadians on the existence and use of their ccTLD, and this may also be true in some other countries. I suspect an analysis of ccTLDs like .ca, .de (Germany), .uk (United Kingdom, .jp (Japan), .au (Australia), etc. would find that a greater percentage of addresses are in actual use than in gTLDs, that is, less speculation and cybersquatting, less defensive registrations. With dropjackers picking up expired names and pointing them elsewhere, and with the WLS about to turn this into a major industry for .com and .net, I expect websurfers will receive ever-increasing lessons that the use of domain names to find things isn't very accurate, and that .com and .net are generally worse that country codes (at least those of countries like the above). Not only is the DNS not very accurate, in the case of dropjackers serving up mousetrapping multiple pop-up pr0n sites, it can be downright annoying. This could transfer some power from ICANN to the ccTLDs, if ICANN and the GAC haven't taken them over. I also think websurfers will increasingly learn that using Google is preferable to using the DNS if one is unsure of one's destination. This would put Google in a powerful position that could be misused. -g
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I got the same site on searching for "canadian" on google.com from the United States, where my access isn't redirected to a different Google site.
google.us is registered by Google, but doesn't resolve to a Web site; it would be a sensible address for them to deploy for the use of those who want to go to the U.S. site no matter where in the world they are (leaving the auto-redirections in the .com site).
Redirecting by what country they think you're in based on IP address is pretty iffy, as people might be dialing up from anywhere via any provider, and some are transnational in scope. More sensible is content type and language negotiation based on HTTP headers sent by your browser, a feature that's been in the protocols for many years; those are responsive to user configurations (you can set your browser to prefer Spanish over English, for instance), and thus not forced on anybody without possibility of overriding.
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